Opinion
Case No. 3:18-cv-1521-J-34JBT
03-26-2019
PATRICIA G. JOYCE, Plaintiff, v. THE UNITED STATES, Defendant.
Counsel of Record Pro Se Party
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 8; Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge, on February 27, 2019. In the Report, Judge Toomey recommends that Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Dkt. No. 4), which the Court construes as a Motion for Leave to Proceed In Forma Pauperis, be denied, and this case be dismissed. See Report at 1-2. Plaintiff has failed to file objections to the Report, and the time for doing so has now passed.
The Court "may accept, reject, or modify, in whole or in part, the finding or recommendations by the magistrate judge." 28 U.S.C. § 636(b). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla. May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. The Magistrate Judge's Report and Recommendation (Dkt. No. 8) is ADOPTED as the opinion of the Court.
2. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Dkt. No. 4), which this Court construes as a Motion for Leave to Proceed In Forma Pauperis, is DENIED.
3. This case is DISMISSED.
4. The Clerk of Court is directed to terminate all pending motions and deadlines as moot and close the file.
DONE AND ORDERED in Jacksonville, Florida, this 26th day of March, 2019.
/s/_________
MARCIA MORALES HOWARD
United Slates District Judge ja Copies to: Counsel of Record
Pro Se Party